A federal court in New Hampshire will evaluate a free speech dispute involving Leavitt's Country Bakery's mural, which is claimed to exceed local sign size regulations. The mural, created by high school students, features colorful depictions of baked goods and has become a local attraction. Town officials argue the mural functions as advertising, thus violating zoning rules. Bakery owner Sean Young faces possible misdemeanor charges, prompting him to file a lawsuit challenging the town's restrictions, prompting debates over aesthetics and free speech rights in small communities.
I think the whole town is following this story," said Sean Young, the owner of Leavitt's Country Bakery in Conway, a community of more than 10,000 people near the White Mountains that draws skiers, nature lovers and shoppers.
Lawyers for the town say that it has shown that "restricting the size of signs serves the significant government interest of preserving the town's aesthetics, promoting safety, and ensuring equal enforcement," according to a court document.
If the painting didn't show what's sold inside - baked goods - it wouldn't be considered a sign and could stay, board members said.
The zoning board decided that the painting was not so much art as advertising. The board determined it was a sign, and so it could not remain as is because of its size.
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